Georgia HB 533: Wrongful Conviction Compensation Act; enact

Bill Text

25 LC 48 1570S
The House Committee on Judiciary, Non-Civil offers the following substitute to HB 533:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal1
procedure and General Assembly, respectively, so as to allow for wrongful conviction2
compensation claims; to provide for a short title; to provide for notice of claims; to require3
administrative law judges within the Office of State Administrative Hearings to hear and4
evaluate such claims; to provide for the burden of proof and evidence to be considered by an5
administrative law judge; to require an administrative law judge to make eligibility and6
compensation recommendations to the Chief Justice of the Supreme Court of Georgia; to7
establish guidelines for determining compensation and provide for payments; to require the8
Supreme Court of Georgia and the State Board of Pardons and Paroles to provide certain9
individuals with a copy of this Act; to provide for definitions; to exclude wrongful conviction10
compensation claims from the purview of the Claims Advisory Board; to provide for related11
matters; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is15
amended by adding a new chapter to read as follows:16
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"CHAPTER 2217
17-22-1.18
This chapter shall be known and may be cited as the 'Wrongful Conviction Compensation19
Act.'20
17-22-2.21
As used in this chapter, the term 'conviction' includes a juvenile delinquency adjudication22
under Code Section 15-11-582.23
17-22-3.24
(a) The Office of State Administrative Hearings, established pursuant to Code Section25
50-13-40, shall have the authority to consider claims of wrongful conviction and26
recommend compensation pursuant to this chapter to the Chief Justice of the Supreme27
Court of Georgia.28
(b) For purposes of considering claims of wrongful conviction and making29
recommendations of compensation pursuant to this chapter, an administrative law judge30
appointed pursuant to Code Section 50-13-40 shall be designated by the Office of State31
Administrative Hearings for each claim filed under this chapter.32
(c) Any such administrative law judge shall be authorized to determine:33
(1) Whether a claimant qualifies for compensation under this chapter; and34
(2) The amount of compensation, if any, to be awarded, with any such amount to be35
included in the administrative law judge's transmittal provided for in subsection (a) of36
Code Section 17-22-8.37
17-22-4.38
(a) A claim for compensation under this chapter shall be:39
(1) Filed directly with the Office of State Administrative Hearings;40
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(2) Filed within three years after the date of the acknowledgment provided pursuant to41
Code Section 17-22-10, or within three years of July 1, 2025, whichever occurs later,42
except as provided in subsections (b) and (c) of this Code section; and43
(3) Captioned 'In the Matter of the Wrongful Conviction of [Claimant].'44
(b) If, during the two years before the limitations period under paragraph (2) of45
subsection (a) of this Code section would otherwise expire, the claimant obtains new46
evidence of innocence that the claimant could not previously have obtained with reasonable47
diligence, the claimant may file a claim under this chapter within two years of the date on48
which the claimant obtains such new evidence.49
(c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section50
has expired, the claimant obtains new evidence of innocence that the claimant could not51
previously have obtained with reasonable diligence, the claimant may file a claim under52
this chapter within two years of the date on which the claimant obtains such new evidence.53
(d) A claim may be brought under this chapter by the heirs at law of a deceased individual.54
17-22-5.55
(a) As used in this Code section, the term 'Alford plea' means a plea of guilty entered by56
a defendant while maintaining his or her innocence, as recognized by the United States57
Supreme Court in North Carolina v. Alford, 400 U.S. 25 (1970).58
(b) To receive compensation under this chapter, a claimant must establish by a59
preponderance of evidence to the administrative law judge that:60
(1) The claimant was convicted of a felony by a court of this state and served all or part61
of the sentence for that felony;62
(2) The claimant did not commit the crime for which the claimant was convicted and did63
not commit any lesser included offense; and64
(3) One of the following apply to the claimant:65
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(A) The claimant's conviction was reversed or vacated, and the charges against the66
claimant were dismissed after the conviction was reversed or vacated;67
(B) The claimant's conviction was reversed or vacated